Re: Markman headline for edig...
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posted on
May 04, 2011 04:15PM
From the Duane Morris LLP website:
Duane Morris is one of the most active law firms in the United States in all aspects of intellectual property litigation. National publications like IP Law & Business, IP Law360 and others have ranked the firm among the nation's leading firms for patent, copyright and trademark cases. The litigation survey published by IP Law360 in 2007, which analyzed the number of litigation matters undertaken, ranked Duane Morris in the top 20% of firms for patent litigation matters, the top 10% for copyright litigation, and the top 5% of firms for trademark litigation. In 2009, IP Law360 ranked Duane Morris fifth on its list of the busiest trademark litigation practices in the U.S.
Our intellectual property litigators have been involved in many of the cases that have defined the scope of intellectual property rights. These cases resulted in decisions of the Supreme Court of the United States or of the Court of Appeals for the Federal Circuit, the special appeals court for patent cases. Representative lawsuits include College Savings Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., a case that resulted in two Supreme Court decisions defining the limits of applicability of federal patent and trademark laws to state entities; Nobelpharma AB v. Implant Innovations, Inc., a Federal Circuit decision affirming a major award of damages to our client for the plaintiff's antitrust violation in attempting to enforce a patent procured through fraud; and Markman v. Westview Instruments, Inc., which resulted in decisions of the Federal Circuit and the Supreme Court establishing that interpretation of patent claims is a question of law to be decided by a judge rather than by a jury, in what have become known as Markman hearings.
In today's legal environment, however, only a small percentage of cases go to trial. Thus, it is crucial to have counsel who is focused on clients' business objectives and the most cost-effective means of achieving those objectives. If a creative business resolution is in order, we will litigate the case in a manner that will drive the case toward such a resolution. We also have extensive experience in the use of alternative dispute resolution mechanisms. From the outset of each case, we explore with our clients the potential risks, opportunities and costs associated with various strategies for dispute resolution, including litigation, mediation, arbitration and negotiated settlements.